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Law Society of Zimbabwe v. Minister of Communications

Case Law

Country

Country Location

Latitude: -18.786464902376327

Longitude: 29.889732273170317

Case Outcome (Procedural)

Case Outcome (Disposition)

Keywords

Case Summary: The Supreme Court of Zimbabwe struck down sections of the Postal and Telecommunications Act (the Act) that gave the President powers to intercept communications if he deemed it necessary in the interest of public safety. The Law Society of Zimbabwe had challenged the sections generally and, more specifically, in respect of communications covered by lawyer-client privilege. The Supreme Court found that sections 98(2) and 103 of the Act were too vague to adequately allow citizens to regulate their conduct and were thus too overreaching to be reasonably justified in a democratic society. Therefore they did not satisfy the constitutional requirement of ‘provided by law'. Furthermore, as the Act did not provide any limitations or control mechanisms on the exercise of the President’s discretion, they unjustifiably infringed the right to freedom of expression and were unconstitutional.

Case Significance: The decision establishes a binding or persuasive precedent within its jurisdiction.

Related Caselaw (self)

Related Law

Collection

Law-Society-of-Zimbabwe-v-Minister-of-Transport-and-Communications-and-Another.pdf
English
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